The Administrative Supreme Court of France is challenging EU data protection legislation

The Administrative Supreme Court of France is challenging EU data protection legislation

On Wednesday, France's Highest Administrative Court (Council of States) issued a decision on the national policy of data protection, which has resulted in a controversy between French and EU rules.

The decision had been a long time coming, as it explained France's position on data protection policies. Because of the strict approach taken by the Court of Justice of the European Union (CJEU) when interpreting national security exemptions on data retention under the e-privacy Directive, it was hypothesized that France would circumvent EU laws on data retention prior to the Council of States decision.

The decision came as a relief because it explained France's position on data protection policies. Because of the strict approach taken by the Court of Justice of the European Union (CJEU) when interpreting national security exemptions on data retention under the e-privacy Directive, it was hypothesized that France could circumvent EU laws on data retention prior to the Council of States' decision.

The Council of States instructed the Prime Minister to comply with the CJEU's criteria in the next six months after determining that the CJEU's interpretation does not clash with the French Constitution's scheme and that the CJEU's solutions for data access by expedited preservation are proper alternatives used by the French Government.